Tag Archives: KwikChex

Another Court Judgement Against ITRA

Consumer awarded over £4800 as judge declares that breaches of contract by International Refund Action Ltd. (ITRA) were “completely unacceptable”

KwikChex can report that on Friday 19 January 2018,  at Weston-Super-Mare County Court, another consumer it has supported has won a judgement against International Timeshare Refund Action – ITRA.

The judge ordered ITRA to repay the consumer £4802.60, having decided that ITRA had not provided the services promised.  The judge also commented that the “Breaches were as fundamental as they could possibly get” and that there had been “so little done for so much money”

The consumer asked for the assistance of KwikChex via the Timeshare Task Force resources that KwikChex manages, which are funded by the Resort Development Organisation (RDO) after ITRA’s multiple failures to clearly respond for over a year to requests to detail what ITRA had carried out on her behalf. KwikChex provided free  advice and support for 18 months during the dispute, which culminated in the court hearing, with ITRA vainly trying to defend the lack of work carried out and poor communication. Attempts to carry out some work at the eleventh hour, well after legal proceedings were started were rejected as ‘too little, too late’.

KwikChex Director Chris Emmins provided a witness statement and attended court in support of the consumer, which detailed ITRA’s involvement in the notorious Club Class Concierge scams which resulted in the winding-up of seven connected companies by the UK authorities. Also included in the statement were details of complaints made by consumers to Action Fraud about ITRA and the misrepresentations that ITRA had a ‘Head Office’ in Gibraltar – something the Gibraltar authorities had confirmed was untrue.

ITRA attempted to defend the claim by using their favoured law firm, Pinder Reaux and a barrister, whilst the consumer represented herself. Two witnesses appeared for ITRA – the first was a Patrick O’Connor, who from the outset admitted that he used an alias when working for ITRA, calling himself ‘Steven John’ a name that has been quoted by many consumers making complaints against ITRA. He stated that the alias was easier for consumers to remember. The second witness was identified as Andrew Cooper, who in his witness statement said that he was a ‘consultant ’for ITRA. However, a solicitor from Pinder Reaux described him as ITRA’s CEO – and when questioned whether he was a director of ITRA he replied that he was. Andrew Cooper was also a director of two of the companies closed down by the UK authorities in 2012 – Bridge View Consultants Ltd. and Club Class Concierge Ltd. He is also a current director of European Claims Centre Ltd., a business that claims to have helped thousands of people to exit timeshares, though it was only formed in June 2016 and uses the serviced  / virtual offices to conduct its business as ITRA.

The latest case echoed the well-publicisied win by Mr & Mrs Walker against ITRA in court in 2016, who were refunded over £7000 – see the report by the Daily Mail – http://www.thisismoney.co.uk/money/bills/article-3709511/Couple-win-7-000-victory-faulty-timeshare-contract-following-18-month-legal-battle.html

KwikChex and a number of consumer protection and advice agencies continue to receive complaints concerning ITRA.

Free advice and assistance is available for consumers on the Timeshare Business Check and Timeshare Task Force websites and via the Timeshare Helpline – 0044 (0) 1202 832012 timesharehelpline.net

KwikChex and the Timeshare Task Force services have been vetted and approved by Trading Standards and are the only business operating within the timeshare sector to have received official accreditation under the Trading Standards Buy With Confidence scheme – see the accreditation and verified consumer feedback on the following link  – www.buywithconfidence.gov.uk/profile/kwikchex/24358

Clarification re the scope of The new RDO timeshare helpline, managed by KwikChex as part of the Timeshare Task Force

Data from law enforcement agencies and details received by KwikChex via the Timeshare Task Force resources show that the majority of consumer complaints being made within the greater timeshare and long term holiday products sector’ concern the following.

  • So called timeshare alternatives; where it is claimed that substantial discounts are provided by paying very large fees upfront. These include the products often known as ‘Leisure Credits’.
  • Illegal ‘bait & switch’ practises where timeshare owners are lured in with promises of ‘legal help’ and are then duped into buying another product.
  • Poor or fraudulent offers of assistance with timeshare relinquishment,  claims and resales.
  • Unsolicited contact by phone (‘cold-calling’), text message and emails.

Because these are the great majority of complaints received by Action Fraud, Trading Standards and KwikChex, this is the key focus of the Timeshare Task Force resources.

Of course, some consumers do make complaints or express concerns about traditional timeshare resorts and products, including RDO members. These too are unequivocally accepted by KwikChex and the same diligent processes followed. Some cases are quickly resolved to the satisfaction of consumers. Where this is not immediately possible and it concerns an RDO member, they may be passed (with the consumer’s permission) to RDO’s Consumer department. RDO has a mediation and arbitration service to resolve cases under their members Code of Conduct. However, KwikChex continues to monitor such cases and to provide further assistance if the consumer wishes. This is independent of the RDO processes and is subject to scrutiny by Trading Standards.

In all cases, where resolutions are not quickly achievable, KwikChex will advise consumers as to their further options. These may include assistance with using the UK ‘Small Claims’ court processes, claims under Section 75 of the Consumer Credit Act, or where these are not practical, advice to consult an expert and qualified lawyer. The latter is often the advice given if the case involves for example, parameters that may be within the scope of the Spanish Supreme Court decision primarily regarding ‘perpetuity’.

Any consumer contacting KwikChex with concerns regarding a RDO member is made aware from the outset that the free services being provided under the Timeshare Task Force initiative are being funded by RDO and RDO members and it is emphasised that they are of course, free to seek additional or alternative assistance from other sources, such as UK Citizens Advice or a solicitor. This information is also transparently published on the relevant websites managed by KwikChex.

Timeshare Task Force resources helping bring prosecutions

Timeshare Task Force 2016 year in review


Successes for consumers right across the spectrum

The Timeshare Task Force, which is managed by KwikChex, has produced an unparalleled series of results for consumers during 2016.

The free service has become increasingly vital and more used  by consumers in the last 12 months, with the Timeshare Business Check website playing the leading role in consumer protection and assistance. The site has been a very effective resource for consumers seeking advice on businesses across the timeshare spectrum – from advising caution through to winning back monies for consumers and helping timeshare owners understand and exercise their legal and contractual rights.

Consumers contacting KwikChex via the Timeshare Task Force resources have benefited from:

  • Refunds from mis-sold holiday and rogue timeshare reclaim businesses.
  • Advice and direct assistance leading to contractually and ethically correct, no cost and low cost timeshare relinquishment.
  • Help with civil actions, including legal assistance from qualified lawyers and the provision of evidence to support claims.
  • Advice that prevented consumers from falling prey to scams.

Every single case has been assisted by KwikChex entirely free of charge.

The court case won against ITRA

The highlight of the year must be the support KwikChex provided to Harold and Brenda Walker, who came to KwikChex with concerns about monies they had paid to ITRA –  International Timeshare Refund Action. It was obvious from the outset that ITRA had made false promises and misleading statements in order to persuade the Walkers to pay over £7000.  Requests to ITRA for a refund were either ignored or rejected, so the only option was to take ITRA to court. Even though the Walkers were using the Small Claims Court, ITRA used the services of a specialist law firm and a barrister in trying to defend their actions – so KwikChex appealed for help from the RDO – the Resort Development Organisation, who responded with funding for similar representation for the Walkers. KwikChex went on to provide evidence and acted as a witness in court in support of the Walker’s claim. The judge subsequently ruled for the Walkers, declaring the ITRA actions illegal and the contract null & void. The Walkers were awarded a full refund and costs.

The Walkers
Harold & Brenda Walker 
[Image by Damien Mcfadden]
It would be difficult to imagine a nicer couple than Harold and Brenda Walker – both in their 70s, they epitomise human decency and civility. Brenda was at the time undergoing treatment for cancer, which added to the stress caused by ITRA’s deceptions.  Sadly, Brenda passed away not long after the case against ITRA was won, but Harold was so kind to say how much she had appreciated what KwikChex had done.  And in reality, as was quickly demonstrated by KwikChex, the couple had no need of the alleged services that ITRA said they would provide regarding relinquishment – because their timeshare was with an RDO member and they were entitled to a free relinquishment, which was subsequently arranged. ITRA lied about many things, including telling the Walkers that their children would be liable for their timeshares as their heirs and then tried to use ‘legal muscle’ to defend what should have been the indefensible. They failed – and now the publicity from the case has resulted in more consumers coming forward keen to take legal action against ITRA.

Read the full story in the Daily Mail – http://www.dailymail.co.uk/money/bills/article-3709511/Couple-win-7-000-victory-faulty-timeshare-contract-following-18-month-legal-battle.html

and the follow up exposure of ITRA – http://www.dailymail.co.uk/money/news/article-3810740/Can-trust-firm-says-rid-timeshare-price-families-did-lived-regret-it.html

KwikChex support for law enforcement and regulatory bodies

During 2016, KwikChex has continued to work closely with the police, Trading Standards and various regulatory authorities, providing vital evidence and intelligence on rogue operations.

Responses by KwikChex to police requests have resulted in the opening of a formal criminal investigation.

Responses by KwikChex to Trading Standards have resulted in the opening of investigations – and the resolving of complaints made to Trading Standards by consumers.

Four complaints about misleading advertising in the timeshare sector made to the Advertising Standards Authority were upheld in 2016 – against Easy Consulting SL t/a directresortsinternational.co.uk ; Timeshare Relief UK  and European Claims Centre LLC t/a Timeshare Advice Centre (a part of the ITRA operations).

In addition, an initiative in cooperation with the Information Commissioner’s Office (ICO) to stop Data Protection offences, including unsolicited contact and data theft is now well on the way to producing evidence that is likely to lead to prosecutions.

ctsiKwikChex also exhibited at and presented a session at the Consumer Affairs & Trading Standards Conference and Exhibition in 2016 – providing new ways and means of detecting scams and helping to bring the perpetrators to justice.

< Left – KwikChex talking with Trading Standards Officers at the Consumer Affairs & Trading Standards Conference and Exhibition.

 

 

 

 

The work will continue in 2017 and will include the continuance of free assistance to consumers, responses to requests by Citizens Advice for the provision of update advice, participation in the 2017 Consumer Affairs & Trading Standards Conference and active support in both civil legal cases and criminal prosecutions.

 

Consumer successfully released from ITRA demands and timeshare

In July 2016, a consumer contacted KwikChex via the Timeshare Business Check website, with the following request

“I have been mis-led and signed up for relinquishment of my timeshare with DRI. I thought I was seeing a consumer advice person at Timeshare Advice Centre Exeter only to be told that ITRA will be working on the relinquishment of my membership for a fee which needed to be paid immediately. Fortunately I realised before paying by BACS to a Bank in Morocco that all was not as it seemed. I cancelled the agreement within 3 days and asked for the return of my Deeds. They are refusing to do this unless I pay work in progress of £1280. Can you help?”

After intervention by KwikChex,  the deeds have been returned by ITRA to the consumer and have ceased demands for payment. In addition, the consumer has now relinquished their timeshare in return for a very low administration fee. These services were provided free of charge as part of the role played by KwikChex leading the Timeshare Task Force.

Asked to comment on her experience with KwikChex and the Timeshare Task Force, the consumer replied

“ I have no objections to helping others if I can and have appreciated the help and information given by yourselves and Mindtimeshare who gave me your contact details.”
Mrs B, Nov 2016

KwikChex can report on a court victory for two consumers regarding International Timeshare Refund Action (ITRA)

The contract the consumers were persuaded to sign was declared illegal and null and void by the judge and they were ordered to repay the full amount they had taken – over £7000.

Whilst the judge’s decision was based on contravention of specific laws relating to timeshare, including non-disclosure of key information relating to the rights of consumers – and the illegal taking of monies during the cooling off period, there was much more presented by the claimants in court.

Undue pressure and misrepresentation
As mentioned in the article, the consumers were pressured into paying immediately, with claims by the ITRA salesperson that time was critical – that they must pay on the day of their meeting with ITRA as a compensation case was about to be filed and they might miss out. In fact, no such case existed. This pressure and the misrepresentations were clearly in breach of Consumer Protection Regulations.

The consumers were also told that their timeshare would be compulsorily passed on to their children. This too was a lie and was exposed as such in court. Not only was there no such liability – in fact, the Walkers were entitled to relinquish their timeshare free of charge – something that was achieved soon after they contacted KwikChex.

The ITRA defence was completely dismissed by the court.

Legal support
The consumers – Harold and Brenda Walker had contacted KwikChex via the Timeshare Task Force after having their complaints rejected by ITRA. When they filed a claim in the Small Claims Court ITRA sought to defend by appointing law firm Pinder Reaux and using a barrister in court. We considered that ITRA should have acted ethically and refunded the monies, instead of using expensive lawyers. Because of this escalation, we sought support on the Walker’s behalf from the Resort Development Organisation (RDO), which funds the Timeshare Task Force managed by KwikChex. RDO agreed and paid for legal representation. KwikChex gave witness in the trial itself, presenting evidence of many consumer complaints regarding ITRA, including to Action Fraud.

ITRA’s previous involvement with consumer detriment
ITRA have previously been exposed as a business operating a ‘bait & switch’ operation. Named in a report by the Insolvency Service in 2012 as a business luring consumers into extremely detrimental purchases of ‘Club Class Concierge’ membership with false promises of timeshare relinquishment. Such was the seriousness of these activities that seven connected companies were compulsorily wound up by the UK authorities in the interest of consumer protection.

Consumer monies not protected
The Walker case also exposed the misleading impression that ITRA gave of protecting client’s monies by saying that they would be held in a client account with accountants Sochalls LLP. In fact, Sochalls was simply another part of the ITRA operation – and they sent monies paid by the Walkers almost immediately out to another one of the ITRA businesses based in Spain – Eurafric. Eurafric is currently sending out demands for fees to victims of the Club Class Concierge scams – attempting to persuade them that they are legally obliged to pay for services for a products considered sold illegally and with gross misrepresentation by the UK authorities.

News of the court ruling comes just after another ITRA network business – Timeshare Advice Centre (European Claims Centre LLC) was ruled by the Advertising Standards Authority (ASA) to be misleading consumers – ASA Ruling

At the recent Consumer Affairs & Trading Standards Conference, KwikChex gave a presentation and discussed the type of problems experienced by the Walkers. Law enforcement and consumer organisations are now looking very closely at such issues. The reality today is that there are few complaints received about new timeshare sales. This is because strict compliance with consumer laws is observed – and there was a significant weeding out of salespeople that broke the rules. Consumers need to know that there is help available and as in the Walker’s case, it is not only laws that will protect them – there is also significant relinquishment assistance underwritten by for example the RDO member’s Code of Conduct. Whilst many consumers have enjoyed their timeshares for years, some have genuine concerns and need help they can trust. They should resist any type of undue pressure and misrepresentations and seek advice from the likes of Citizens Advice Bureau and Trading Standards or talk with a solicitor. KwikChex, as part of the Timeshare Task Force provides free assistance.

Excerpt quote from Harold and Brenda Walker

“Had it not been for the actions; dedication and encouragement of Chris Emmins and his team at KwikChex it is highly questionable whether we would have been able to pursue this action through to a final successful outcome against ITRA. We would encourage anyone who is or have been victim to similar treatment as experienced by us with ITRA to make contact and place themselves in the safe and trustworthy hands of KwikChex.”

The full letter is available on this link

ASA Uphold Complaint against Ultimate Holiday Package/Easy Consulting

ASAThe UK Advertising Standards Authority (ASA) has upheld a complaint submitted by KwikChex regarding Ultimate Holiday Package/Easy Consulting.

A complaint was filed with the Advertising Standards Authority (ASA) in April .

The investigation by KwikChex was carried out as part of activities by the Timeshare Task Force www.timesharetaskforce.org which KwikChex manages.

The complaint challenged (an Ad on a website for a holiday company, www.theultimateholidaypackage.co.uk, which was seen on 27 February 2016) whether:

1. the ad was misleading, because it did not make sufficiently clear that the price of the holidays was dependent on customers attending a timeshare sales presentation and that failure to attend would mean incurring the full cost of the holiday accommodation; and

2. the claim “the single largest provider of promotional holidays in Europe” was misleading and could be substantiated.

Easy Consulting SL t/a The Ultimate Holiday Package did not respond to the ASA’s enquiries.
The ASA upheld the complaint stating that the ad must not appear again in its current form.

Full details of the complaint on the ASA website – https://www.asa.org.uk/Rulings/Adjudications/2016/7/Easy-Consulting-SL/SHP_ADJ_335491.aspx#.V4XZBGh96hc

A previous upheld ASA ruling on a connected business – Love All Inclusive which found that claims of ABTA membership and licensing by the Ministry of Justice were not substantiated and were therefore misleading. Full details of the ASA ruling – https://www.asa.org.uk/Rulings/Adjudications/2015/7/Love-All-Inclusive/SHP_ADJ_303742.aspx#.V4XakGh96hc

A list of connected businesses is available on the Ultimate Holiday Package profile – http://timesharebusinesscheck.org/the-ultimate-holiday-package/

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